Legal Doctrinal Scholarship (Innbundet)

Legal Theory and the Inner Workings of a Doctrinal Discipline

Serie: Elgar Studies in Legal Research Methods 


Innbinding: Innbundet
Utgivelsesår: 2021
Antall sider: 288
Forlag: Edward Elgar Publishing Ltd
Språk: Engelsk
ISBN/EAN: 9781788114059
Omtale Legal Doctrinal Scholarship
Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.

The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship.

Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.

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